Patna High Court
Mithilesh Kumar Raw @ Mithilesh Kumar @ Mithlesh Kumar RaoversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- R P MISHRA
Holding
The court denied bail, holding that no new ground existed and the trial was ongoing.
Summary
The petitioner, Mithilesh Kumar Raw, was arrested in connection with a case registered under multiple offences under the Bharatiya Nyaya Sanhita, the POCSO Act, the Juvenile Justice Act, the Income Tax Act and the Bounded Labour System Act. He has been in judicial custody since 23 February 2025 and filed a second bail petition after an earlier denial. The petitioner argued that he has no criminal antecedent and that the trial is likely to take nine months, with only two of nineteen prosecution witnesses examined so far. The State opposed the bail on the ground of the seriousness of the accusations and the fact that the trial is still pending. The court held that there was no new ground to revisit the earlier decision, noted that the trial was proceeding, and therefore rejected the bail petition, directing the lower court to expedite the trial and allowing a fresh petition after five months.
Issues considered
- Whether bail should be granted to the petitioner given the ongoing trial and absence of new grounds
- Whether the delay in trial justifies granting bail under the applicable statutes
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 143(1), 145, 3(5), 64, 65(1), 98
- Bounded Labour System Act — s. 16, 17, 18
- Income Tax (I.T.) Act — s. 3, 4, 5, 6
- Juvenile Justice (JJ) Act — s. 75, 79
- Protection of Children from Sexual Offences (POCSO) Act — s. 12, 6, 8
Subjects
- bail
- judicial custody
- trial delay
- multiple offences
- criminal procedure
- Bharatiya Nyaya Sanhita
- POCSO Act
- Juvenile Justice Act
- Income Tax Act
- Bounded Labour System Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.90231 of 2025
Arising Out of PS. Case No.-8 Year-2025 Thana- MAHILA P.S District- West Champaran
======================================================
Mithilesh Kumar Raw @ Mithilesh Kumar @ Mithlesh Kumar Rao S/O
Vinod Kumar Raw @ Vinod Rao R/o Vill- Mansha Dubey, Pathkhauli, P.S.-
Bairiya, District- West Champaran, Bihar.
... ... Petitioner/s
Versus
1. The State of Bihar
2. X W/o.- Girish Prasad The officer-in-charge, Bettiah Mahila P.S., P.S.-
Bettiah Town, District- West Champaran, Bihar.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Mayank Mohan, Advocate
For the Opposite Party/s : Mr. Nawal Kishore Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
5 15-05-2026 Heard learned counsel for the petitioner and learned APP
for the State.
2. Learned APP for the State has already informed the
Opposite Party No. 2 regarding filing of the present case.
3. The petitioner seeks bail in connection with Bettiah
P.S. Case No. 08 of 2025, instituted for the offences under
Sections 64, 65(1), 143(1), 145, 98, 3(5) of the Bharatiya Nyaya
Sanhita, 2023, read with Sections 6, 8, 12 of POCSO Act,
Sections 75, 79 of J.J. Act, Sections 3, 4, 5, 6 of I.T. Act,
Sections 16, 17 and 18 of the Bounded Labour System Act.
4. This is the second attempt of the petitioner for bail.
The petitioner has renewed his prayer for grant of regular bail
Patna High Court CR. MISC. No.90231 of 2025(5) dt.15-05-2026
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which was earlier rejected by this Court vide order dated
13.08.2025 passed in Cr. Misc. No. 36186 of 2025 taking into
consideration the nature of accusation, gravity of the offence.
5. In compliance of the order dated 16.01.2026, a
report dated 12.02.2026 with regard to the present stage of trial
has been received. From perusal of the aforesaid report, it
appears that charge has been framed against the petitioner and
out of nineteen prosecution witnesses, only two witnesses have
been examined in this case. It is further reported that the trial is
likely to be concluded within a period of nine months.
6. Learned counsel for the petitioner submits that the
petitioner is languishing in judicial custody since 23.02.2025
without any rhymes or reason and has got no criminal
antecedent. Learned counsel for the petitioner submits that there
is no likelihood of the trial being concluded in the near future,
hence, petitioner may be enlarged on bail.
7. Learned APP for the State has vehemently opposed
the prayer for grant of bail to the petitioner.
8. There is no new ground to consider the bail petition
of the petitioner. From the aforesaid report, it appears that the
trial is going on.
9. In view of the above, the prayer for bail of the
Patna High Court CR. MISC. No.90231 of 2025(5) dt.15-05-2026
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petitioner is again rejected with a direction to the court below to
expedite the trial and conclude the same. If the trial is not
concluded within the period of five months, the petitioner will
be at liberty to renew his prayer before the court below.
(Rudra Prakash Mishra, J)
Raj Kishore/-
U T
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